Qualified Employees can Be Full-time
Most workers who certify are entitled to take these days off work and be paid public vacation pay.
Alternatively, the staff member can concur digitally or in writing to work on the vacation and be paid:
– public vacation pay plus premium spend for all hours worked on the public holiday and not receive another day of rest (called a “substitute” vacation);.
or.
– be paid their regular salaries for all hours worked on the public holiday and get another replacement holiday for which they must be paid public holiday pay.
Some employees might be needed to work on a public holiday. (See “Special rules for particular industries” later on in this Chapter.) While a lot of workers are eligible for the public vacation entitlement, some staff members operate in jobs that are not covered by the public vacation arrangements of the Employment Standards Act (ESA). To figure out whether a task is covered, or if special guidelines use, please describe the Guide to employment requirements special rules and exemptions.
Use the Employment Standards Self-Service Tool to check compliance with public holidays and other employment standards entitlements.
See “Public holiday pay” later on in this chapter.
Regular wages does not include any overtime pay, holiday pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, discontinuance wage or termination of task pay payable to a staff member.
While some companies provide their employees a holiday on Easter Sunday, Easter Monday, the first Monday in August, or Remembrance Day, the employer is not required to do so under the ESA.
Performing both covered and exempt work
Some staff members carry out more than one kind of work for a company. Some of this work might be covered by the public vacation part of the ESA, while another type of work may be exempt from public vacation coverage.
If an employee carries out both sort of work, exempt and covered, they are eligible for the public vacation privilege with respect to a specific public holiday if at least half of the work carried out in the work week of the public holiday is work that is covered.
Rupert works for a taxi business as both a taxi taxi driver (work that is exempt from public vacation protection) and employment a dispatcher (work that is covered by the public vacation part of the ESA). In the work week that Canada Day fell, at least half of Rupert’s work was as a dispatcher. Because this work is covered by the public vacation part of the ESA, he is eligible for the public vacation privilege for Canada Day.
Receiving public holiday privileges
Generally, staff members receive the public vacation privilege unless they:
– stop working without reasonable cause to work all of their last routinely scheduled day of work before the public holiday or all of their very first regularly arranged day of work after the general public vacation (this is called the “Last and First Rule”);.
or.
– fail without affordable cause to work their entire shift on the general public holiday if they accepted or were needed to work that day.
Note: Most workers who fail to get approved for the general public holiday privilege are still entitled to be paid superior pay for every hour they deal with the holiday.
Qualified workers can be full-time, part time, irreversible or on term agreement. It does not matter how recently they were hired, or the number of days they worked before the public vacation.
The “last and very first rule”
The “last routinely scheduled day of work before the public holiday” and the “very first routinely scheduled day of work after the general public holiday” do not have to be the days right in the past and right after the holiday.
For example, a worker may not be arranged to work the day right before or after the holiday. As long as the worker works all of their last frequently set up shift before the vacation and all of the first one after it, or has reasonable cause for not working either of those days, they meet this qualifying criterion.
Reasonable cause
A staff member is usually thought about to have “affordable cause” for missing work when something beyond their control prevents the employee from working. Employees are accountable for showing that they had sensible cause for keeping away from work. If they can do so, they still receive public vacation entitlements.
How the last and very first guideline works
Rosie’s regular work week runs from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s office closes down for employment that day. If Rosie works the entire shift on the Thursday before the vacation and the Tuesday after the holiday, or has sensible cause for failing to work either of those days, she qualifies to be spent for the vacation.
Example: When a staff member takes a day off
A public vacation falls on a Monday, and Lev’s workplace closes down for that day. Lev routinely works Monday to Thursday. Lev has asked his company for permission to take off the Thursday before the public holiday because he has an individual visit. His employer agrees. Lev’s last frequently scheduled work day before the vacation is now considered to be on the Wednesday.
If Lev works his entire Wednesday shift before the holiday and his entire Tuesday shift after the holiday, or has sensible cause for not working either of those days, he receives the paid public vacation.
Example: When an employee leaves early
A public vacation falls on a Friday, and Doris’s workplace is closed for the holiday. Doris generally works from 9 a.m. to 5 p.m., Monday to Friday. However, she wants to leave at 3 p.m. on the Thursday before the public vacation. The employer concurs. Doris’s regularly set up shift on the Thursday before the public vacation is now thought about to be from 9 a.m. to 3 p.m.
. If Doris works from 9 a.m. to 3 p.m. on the Thursday and 9 a.m. to 5 p.m. on the following Monday, or has reasonable cause for failing to do so, she is entitled to the paid public holiday.
Example: When a worker is on vacation
Canada Day falls on July 1. George is on getaway from June 25 to July 9. If George works all of his last frequently arranged shift before his getaway and first frequently set up shift after his getaway – on June 24 and July 10 – or has reasonable cause for stopping working to do so, he will get approved for the paid public vacation.
Example: When an employee is on a leave or layoff
Lydia is on pregnancy leave when the Canada Day holiday takes place. If Lydia works her last routinely scheduled day of work before her leave, and her first frequently scheduled day of work after her leave, or has affordable cause for failing to do so, she will be entitled to the paid public holiday.
Example: When there is no affordable cause
A public holiday falls on a Monday, and Ellen’s office is closed for the holiday. Ellen does not work on her last scheduled day before the vacation, and she does not have reasonable cause for missing out on that day. She receives no spend for the vacation.
Public vacation pay
The amount of public vacation pay to which a worker is entitled is all of the routine earnings earned by the staff member in the 4 work weeks before the work week with the general public holiday plus all of the getaway pay payable to the worker with regard to the four work weeks before the work week with the public vacation, divided by 20.
When to consist of holiday pay in the computation of public holiday pay
The amount of trip pay payable to consist of in the estimation of public vacation pay depends upon whether the employee is on getaway at any time during the 4 work weeks prior to the general public vacation, and the way in which the employee is to be paid getaway pay. Please describe the Vacation chapter for details on the various methods trip pay can be paid.
Vacation pay payable
If the employee is to be paid their trip pay before they take a getaway or on or before the pay day for the duration in which the holiday falls, holiday pay will be consisted of in the calculation of public vacation pay if the employee was on getaway throughout that four work week duration. If the worker was not on trip throughout that duration, no getaway pay will be included in the estimation.
If the worker is to be paid getaway pay with every pay cheque the amount of trip pay to include in the estimation of public holiday pay will be at least 4 percent of all of the worker’s incomes made during the 4 work week duration. (Note that if a staff member earns a greater percentage of getaway pay, such as six percent of earnings, then the “trip pay payable” will be based upon that greater percentage.)
If an employee is to receive their holiday pay in a lump amount on a particular date or dates, vacation pay will be consisted of in the calculation of public holiday pay only if that date or dates falls during the pertinent four work week duration.
Calculating the 4 work week period before the work week with a public vacation
The 4 weeks before the public holiday is based on the employer’s work week and is not always a calendar week.
Example:
Christmas Day falls on a Tuesday. Suppose that a company’s work week runs from Thursday to Wednesday. In this case, the four work weeks used to determine public vacation pay are those 4 weeks counting backwards from the first Wednesday (the last day of the employer’s work week) before the work week in which the general public vacation falls.
– Week 1: Thursday, November 22 – Wednesday, November 28
– Week 2: Thursday, November 29 – Wednesday, December 5
– Week 3: Thursday, December 6 – Wednesday, December 12
– Week 4: Thursday, December 13 – Wednesday, December 19
Public holiday: Tuesday, December 25
In this example, the regular wages made by the worker and the getaway pay payable to the employee with respect to the 4 work weeks from November 22 to December 19 are used in the calculation of public holiday pay.
Calculating public holiday pay
Iryna works five days a week and makes $120 a day. She worked her last frequently arranged work day before the public holiday and her very first routinely scheduled day after the holiday. She gets her vacation pay when her holiday is taken. She was not on getaway throughout the 4 work weeks leading up to the public vacation.
1. Calculate Iryna’s overall regular incomes earned:
$ 120 daily X 5 days = $600 weekly
$ 600 weekly X 4 work weeks = $2,400.
Iryna earned $2,400 of regular wages in the 4 work weeks before the general public vacation.
2. Calculate the amount of trip pay payable with respect to the four work week duration:.
Iryna receives her holiday pay when she takes her vacation. Because she was not on vacation during the four work week period, the amount of getaway pay payable with regard to the 4 work weeks before the general public holiday = $0.
3. Combine her overall salaries made and vacation pay payable and divide the amount by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.
Result: Iryna is entitled to $120 public holiday pay.
Example: When getaway time is included
Brock works five days a week and earns $160 a day. He was on holiday for two of the four weeks before the public holiday. He receives trip pay before he takes his holiday. He is paid $1,600 trip spend for his two weeks of holiday. Brock worked his last regularly set up work day before the public holiday and employment his first regularly set up work day after the holiday.
1. Calculate Brock’s overall regular wages made:.
Brock worked 10 days.
$ 160 daily X 10 days = $1,600.
2. Calculate the amount of vacation pay:.
Brock was on getaway for 2 of the four work weeks prior to the work week with the public vacation, and is paid trip pay before he takes his vacation. The amount of getaway pay payable with regard to the four work weeks prior to the work week with the public holiday = $1,600.
3. Total his overall incomes earned and trip payable and divide the amount by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.
Result: Brock is entitled to $160 public holiday pay.
Example: When an employee works part-time and each pay cheque consists of vacation pay
Tegan works three days a week and makes $120 a day. She worked her last frequently set up work day before the public holiday and her first frequently set up day after the vacation. She and her employer have concurred in writing that she will get four percent vacation pay on each paycheque.
1. Calculate Tegan’s regular incomes earned:.
$ 120 per day X 3 days = $360 weekly.
$ 360 per week X 4 weeks = $1,440.
2. Calculate her trip pay payable:.
$ 4.80 each day (4% of $120) X 3 days = $14.40 each week.
$ 14.40 weekly X 4 weeks = $57.60.
3. Total her regular earnings made and vacation pay payable and divide the sum by 20:.
$ 1,440 + $57.60 = $1,497.60.
$ 1,497.60 ÷ 20 = $74.88.
Result: Tegan is entitled to $74.88 public holiday pay.
Example: employment When there are no set hours and each pay cheque consists of trip pay
Bertie does not work a set number of hours each day or days each week. Her pay differs from week to week, according to the time she has worked. She and her employer have actually agreed in composing that she will receive four per cent holiday pay on each pay cheque.
1. Bertie’s regular salaries earned throughout the four work weeks before the holiday are $1,500.
2. Calculate her getaway pay payable:.
$ 1,500 X 4% = $60.
3. Combine her routine earnings made and trip pay payable and divide the sum by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.
Result: Bertie is entitled to $78 public vacation pay.
Example: When a staff member is on a leave
Zoe usually works five days a week, making $120 a day. She gets getaway pay before she goes on holiday. On June 10, she went on a 17-week pregnancy leave, followed by a 35-week parental leave.
During her leaves, she was not paid salaries or trip pay. She received maternity and parental gain from the federal Employment Insurance program, but these advantages are not considered “earnings.”
Zoe is entitled to receive public vacation spend for the general public vacations that fall throughout her leave as long as she works her last regularly arranged day before her leave and her very first routinely scheduled day after her leave, or has reasonable cause for failing to do so.
Zoe went on leave on June 10 and just worked 7 days throughout the 4 work weeks before the Canada Day public vacation. Her public holiday spend for Canada Day is:
– Regular earnings earned: $120 a day X 7 days = $840.
– Vacation pay payable: $0 (she was not on getaway throughout the 4 work week period).
– Public vacation pay: ($ 840 + $0) ÷ 20 = $42 public vacation pay.
Her public vacation spend for the remainder of the public vacations that fall during her leave will be $0. This is since she will not have made any wages or trip pay on any of the days during the four work weeks before each of those vacations.
Example: When a staff member is on a layoff
Eugene generally works five days a week, making $100 a day. He was put on short-term layoff on November 15. During his layoff, Eugene was not paid earnings or getaway pay. He got employment insurance coverage benefits throughout this time, but these advantages are not considered “incomes.”
Eugene was remembered to work on December 27. He is entitled to be paid public vacation pay for Christmas Day and Boxing Day as long as he works his last routinely arranged day before the layoff and his first regularly set up day after the layoff, or has affordable cause for failing to do so.
However, due to the fact that Eugene did not make any salaries or trip pay in the four work weeks before those 2 public holidays, the amount of public holiday pay he is entitled to will be $0.
Premium pay
Premium pay is 1 1/2 times a staff member’s routine rate of pay. If an employee is entitled to receive premium pay for work on a public holiday, they must be paid 1 1/2 times their regular rate of pay for each hour worked.
For instance, Nathan’s regular rate of pay is $20 an hour. This means that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).
Substitute holiday
An alternative holiday is another working day off work that is designated to change a public vacation. Employees are entitled to be paid public vacation spend for a replacement holiday.
A substitute holiday need to be arranged for a day that is no later than 3 months after the public vacation for which it was made, or, if the staff member has agreed digitally or in composing, the alternative day off can be arranged approximately 12 months after the general public vacation.
If an employee receives an alternative holiday, the company should supply the staff member with a written statement that sets out the general public vacation that is being substituted, the date of the replacement vacation, and the date that the statement was offered to the worker. This declaration should be offered to the staff member before the general public vacation.
Entitlements for public vacations
Entitlements for public vacations differ depending upon such things as whether the holiday falls on a working day or a non-working day and whether the employee works on the vacation. The various privileges are set out below.
When a public vacation falls on a working day however the staff member does not work
Most workers deserve to get the public vacation off and make money public vacation pay. (Some staff members might be needed to work on a public vacation. See “Special guidelines for particular markets” later in this chapter.)
When a public vacation falls on a staff member’s non-working day or during a staff member’s vacation
When a public vacation falls on a day that is not generally a working day for a staff member, or during the worker’s trip, the staff member is entitled to either:
– an alternative holiday off with public vacation pay;.
or.
– public vacation spend for the public vacation, if the staff member concurs to this digitally or in writing (in this case, the worker will not be offered an alternative day of rest).
When a worker who receives the day of rest has agreed electronically or in composing to deal with a public vacation
Most workers deserve to get the general public vacation off and get paid public holiday pay. However, if a worker concurs electronically or in writing to work on the general public holiday, there are two options:
– the staff member is entitled to get regular incomes for all hours worked on the general public holiday, plus a substitute day of rest deal with public holiday pay;.
or.
– if the staff member agrees electronically or in writing, they are entitled to public holiday pay for the public vacation plus premium pay for all hours dealt with the general public holiday. In this case, the employee will not be provided an alternative day off.
Example: Calculating public holiday pay plus premium pay
A public holiday falls on one of John-Duncan’s regular working days. He and his company have actually agreed digitally or in composing that he will work on the general public vacation and that, rather of getting a replacement holiday, he will be paid public vacation pay plus premium pay for all the hours he works on the holiday.
John-Duncan regularly works eight hours a day, five days a week. His routine hourly pay rate is $20. He has actually worked on all his scheduled work days in the 4 work weeks before the public vacation. He works eight hours on the public holiday. He receives his trip pay when his trip is taken. He was not on holiday during the four work weeks leading up to the general public holiday
Step 1: compute public vacation pay:
1. Calculate John-Duncan’s overall regular incomes earned in the four work weeks before the public holiday:
8 hours per day X $20 per hour = $160 per day
$ 160 per day X 5 days = $800 per week
$ 800 X 4 work weeks = $3,200.
John-Duncan earned $3,200 in the four work weeks before the general public holiday.
2. Calculate the amount of vacation pay payable with regard to the 4 work week duration:.
John-Duncan receives his vacation pay when he takes his holiday. Because he was not on vacation throughout the 4 work week period, the amount of holiday pay payable with regard to the 4 work weeks before the general public holiday = $0.
3. Combine his overall wages made and getaway pay and divide the sum by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.
John-Duncan’s public holiday pay entitlement is $160.
Step 2: calculate premium pay
Finally, the premium pay owing to John-Duncan for his work on the public vacation is determined:.
$ 20 per hour X 1 1/2 = $30.00.
$ 30.00 per hour X 8 hours worked = $240
John-Duncan’s premium pay entitlement is $240.
Result: John-Duncan is entitled to public holiday pay of $160 and exceptional pay of $240, for an overall of $400.
When a staff member accepts work on a but fails to do so
If a worker has actually concurred electronically or in writing to work on the general public vacation but does not do so – and does not have reasonable cause for not having actually done so – the staff member has no right to public vacation pay or to an alternative day off with pay.
However, if the staff member has sensible cause for not working the general public holiday, then privileges will depend on which of the two alternatives listed below the employee chose in exchange for agreeing to work on the public vacation:
– if the staff member had actually agreed digitally or in writing to work on the general public holiday for regular wages plus an alternative day off with public vacation pay, the employee is entitled to an alternative day off deal with public holiday pay;.
or.
– if the employee had actually agreed digitally or in writing to work on the general public vacation for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public holiday spend for the vacation. The staff member is not entitled to get any superior pay because they did not carry out any work on the holiday.
When a worker works just some of the hours they accepted work on a public vacation
If a worker has concurred electronically or in writing to work on the public holiday but works just some of the hours they accepted work, and does not have sensible cause for failing to work all of the hours, the employee is just entitled to receive superior pay for each hour dealt with the holiday. The employee has no right to public holiday pay or an alternative day of rest work.
Example: A common case
Trudi had actually agreed in writing that she would work eight hours on Canada Day however she just worked 4 hours and did not have sensible cause for stopping working to work the other 4 hours. Trudi is entitled only to premium spend for the four hours she worked on the holiday. She is not entitled to public vacation pay or to an alternative day off work.
However, if the employee has sensible cause for working only a few of the hours they concurred to deal with the general public holiday, then:
– the employee is entitled to their routine rate for all the hours worked plus a substitute day off work with public holiday pay;.
or.
– if the worker had actually concurred digitally or in composing to work on the public holiday for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public vacation pay plus premium spend for every hour worked on the holiday.
Special rules for certain markets
Special rules apply to workers who operate in the list below types of services:
– hotels, motels and traveler resorts;.
– restaurants and pubs;.
– medical facilities and retirement home;.
– constant operations (which are operations, or parts of operations, that do not stop or close more than when a week – such as an oil refinery, alarm-monitoring company or the video games part of a gambling establishment if the games tables are open all the time).
A worker who works in any of these companies can be required to work on a public holiday without their arrangement, however just if the holiday falls on a day that the employee would typically work and the worker is not on vacation.
If a worker is needed to work, they are entitled to either:
– their routine rate for the hours worked on the public holiday, plus a substitute day of rest work with public holiday pay;.
or.
– public holiday pay plus premium pay for each hour worked.
The employer picks which of these alternatives will use.
Note that the company’s ability to require workers to work on a public holiday undergoes the staff member’s right to take a day off for functions of spiritual observance under the Ontario Human Rights Code, employment and to the terms of the staff member’s employment agreement. Note also that specific retail employees who operate in constant operations (for example, a 24-hour benefit shop) have the right to decline to work on a public holiday since of the special rules that apply to some retail workers. See the “Retail employees” chapter of this guide for more details.
A worker in the formerly noted businesses who is needed to deal with a public vacation that falls on their ordinary working day but stops working to do so, with affordable cause, employment is entitled to:
– a replacement holiday with public holiday pay;.
or.
– public holiday spend for the holiday.
The company chooses which option will use.
A worker in any of these businesses who is required to deal with a public holiday that falls on their regular working day however who stops working, with sensible cause, to work a few of the hours they were required to deal with the vacation is entitled to either:
– their regular rate for each hour dealt with the vacation plus an alternative holiday with public holiday pay;.
or.
– public vacation spend for the holiday plus premium pay for each hour worked.
The employer selects which alternative will apply.
An employee in any of these organizations who is required to work on a public holiday that falls on their regular working day however who stops working, without sensible cause, to work part or all of the general public holiday is only entitled to get exceptional pay for each hour dealt with the holiday (if any). The employee has no right to public holiday pay or a substitute day off work.
Overtime computations when a staff member gets exceptional pay
Any hours dealt with a public vacation that are compensated with exceptional pay are not consisted of when figuring out whether a staff member has worked any overtime hours.
If employment ends
Sometimes a worker’s job concerns an end before the worker can take a replacement holiday with public vacation pay that they have actually earned. In this case, the employer needs to pay the staff member’s public vacation pay at the exact same time it pays the worker’s last salaries. This is so despite the reason the job concerned an end, whether it is since the employee stopped, was fired for excellent factor, or for some other reason.
